What is Article 142 of Indian Constitution – Defination & Meaning

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. (1) The Supreme Court in the exercise of its jurisdiction may
📅 Part V – The Union
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📚 UPSC Relevant

Article Number

142

part

Part V – The Union

Status

Active

Bare Acts Text

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

  • (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order1 prescribe.
  • (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
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Full Definition & Explanation

Article 142 empowers the Supreme Court to pass any decree or make any order necessary for doing ‘complete justice’ in any case pending before it. This extraordinary power has been used for environmental protection (e.g., Taj Trapezium case) and human rights interventions. In May 2023, a Constitution Bench in the Shilpa Sailesh case ruled that the Supreme Court can invoke Article 142 to directly grant a decree of divorce on the grounds of ‘irretrievable breakdown of marriage.’ This allows the Court to bypass the mandatory six-month waiting period prescribed under Section 13B of the Hindu Marriage Act, provided specific conditions are met.

Historical Context

Article 142 was included in the Constitution of India when it was enacted in 1950, reflecting the framers’ commitment to justice. During the Constituent Assembly debates, members discussed the need for a strong judiciary capable of addressing complex issues. They recognized that existing laws might not cover all situations, leading to the inclusion of this article. It has not seen major amendments but has been interpreted broadly in cases like Keshavananda Bharati (1973), which established the basic structure doctrine, showcasing the evolving nature of judicial interpretation.

Key Features

– The Supreme Court can issue orders for complete justice in any case.
– Orders made under Article 142 are enforceable across all of India.
– The Supreme Court can summon individuals and require document production.
– This article allows the Supreme Court to address contempt of court issues.
– The powers include actions necessary for fair judicial proceedings.

Importance & Impact

– It allows the Supreme Court to fill gaps and voids in existing laws effectively.
– Ensures that justice is enforced uniformly across all regions in India.
– Empowers the court to efficiently manage its proceedings and operations.
– Facilitates the discovery of relevant evidence necessary for achieving justice.
– Protects citizens’ rights by guaranteeing timely and effective judicial responses.

Sample UPSC Question

Consider the following statements about Article 142: 1. Article 142 empowers the Supreme Court to pass orders necessary for complete justice. 2. The Supreme Court can use Article 142 to override fundamental rights. 3. The Bhopal Gas Tragedy settlement was approved by the Supreme Court using Article 142. 4. Vishaka guidelines on sexual harassment were issued by the Supreme Court under Article 142. Which statements are correct? a) 1 and 3 only b) 1, 3 and 4 only c) 2 and 4 only d) 1, 2, 3 and 4

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct per Article 142(1). Statement 2 is wrong — Article 142 cannot override fundamental rights or constitutional provisions per Prem Chand Garg (1963). Statement 3 is correct — Union Carbide v. UOI (1991) used Article 142 for the Bhopal settlement. Statement 4 is correct — Vishaka v. State of Rajasthan (1997) used Article 142 to issue binding workplace guidelines.

Key Takeaways

✓ Supreme Court ensures complete justice through its orders and decrees.
✓ Orders are enforceable across all states and territories in India.
✓ Empowers the court to effectively manage and oversee judicial proceedings.
✓ Facilitates the discovery of necessary evidence for achieving justice.
✓ Protects citizens’ rights through prompt and effective judicial actions.

FAQs

Article 142 aims to empower the Supreme Court to ensure complete justice in any case it handles. This article allows the court to issue orders that may not be strictly legal but strive for fairness. For example, in cases where laws are insufficient, the court can create new orders to fill those gaps and provide justice to the affected parties.

Article 142 ensures that any order from the Supreme Court is enforceable across the entire country. This means individuals must comply with these orders, regardless of their location in India. The enforcement mechanism may involve laws created by Parliament or directives issued by the President until such laws are established.

Also, Article 142 also grants the Supreme Court the authority to summon individuals, require the production of documents, and deal with any contempt of court issues. This power allows the Supreme Court to effectively manage its proceedings and ensure that all necessary evidence is available for fair judgment. Real-world impacts can be seen in landmark cases where the Supreme Court has delivered justice where conventional laws fell short, thus protecting citizens’ rights and upholding the rule of law across India.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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